Media groups lose right to report on Erol Incedal's terror trial; Court upholds coverage restrictions due to 'national security' concerns

Media organizations tread a thin line in upholding the right to freedom of information as they face continuing restrictions in covering the terrorism trial involving London law student Erol Incedal.

Much of Incedal's trial at the Old Bailey was kept in secret, The Independent noted. Although a few journalists were allowed to attend the court proceedings, they were prohibited from reporting anything that happened or was said during the trial. Ultimately, portions of the trials were held in private, with the public and media refused entry.

The case centers on Erol Incedal's alleged plot to assassinate former prime minister Tony Blair. He was arrested in October 2013, during which a bomb-making manual was found in his possession. The manual was contained in a memory card secured in his mobile phone case.

Incedal allegedly conspired with a terrorist in Syria to target high-profile individuals or orchestrate "Mumbai-style" attacks using a Kalashnikov. He was acquitted last year.

A group of broadcasters and newspaper publishers is challenging the court's decision to keep the trial from the public. The group's lawyer contended that the case involves "important issues about the constitutional principle of open justice."

In response to their original complaint, the court of appeal granted temporary and partial relief to the journalists, pending a review by the trial judge, Justice Nicol.

The Guardian reported the court of appeal allowed the Incedal trial to be held in three portions: open court sessions, secret sessions and intermediate sessions wherein members of the press were allowed to observe the proceedings but were strictly prohibited from reporting.

During the intermediate sessions mobile phones were secluded in soundproof boxes, and journalists were asked to turn over their notebooks to police officers.

Justice Nicol decided to maintain the reporting restrictions, highlighting that the reasons why the jury reached its not guilty verdict on Erol Incedal cannot be reported to the public. Even Incedal's claim that he had a justifiable excuse as to why he had a bomb-making manual cannot be divulged to the public.

The media now contend that the prosecution of the case against Incedal comprehends substantial and genuine public interest. Without any coverage on the trial, the public are at a lost as to the real issue of the trial and why Incedal was acquitted from the charge against him.

Had the judges lifted the restrictions, the media could've been allowed to report the trial by now since the end of the trial meant that reporting about it would no longer prejudice the administration of justice.

Lord Chief Justice, Lord Thomas agreed with Justice Nicol that the open justice principle should give way in the interest of national security.  Thomas also said that the three-part manner of trial should be followed in future cases when necessary. 

Tags

Erol Incedal, Open justice principle, British law, British court, Tony Blair, Tony Blair assassination plot, Old Bailey

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